SenateCalendar - Vermont General Assembly THURSDAY,FEBRUARY08,2018 SENATECONVENESAT:1:00P.M....

Senate CalendarTHURSDAY, FEBRUARY 08, 2018

SENATE CONVENES AT: 1:00 P.M.

TABLE OF CONTENTS

Page No.

NOTICE CALENDAR

Second Reading

Favorable

H. 552 An act relating to approval of the adoption and codification of thecharter of the Town of Ferrisburgh

Government Operations Report - Sen. Ayer ..........................................330

H. 568 An act relating to approval of amendments to the charter of theTown of Barre

Government Operations Report - Sen. Collamore ................................. 330

H. 573 An act relating to approval of an amendment to the charter of theCity of Rutland

Government Operations Report - Sen. Collamore ................................. 330

Favorable with Recommendation of Amendment

S. 164 An act relating to establishing the Unused Prescription Drug RepositoryProgram

Health and Welfare Report - Sen. Ayer ................................................. 331

S. 175 An act relating to the wholesale importation of prescription drugsinto Vermont, bulk purchasing, and the impact of prescription drug costson health insurance premiums

Health and Welfare Report - Sen. Ayer ................................................. 332

S. 234 An act relating to juvenile justiceJudiciary Report - Sen. Sears ................................................................342

CONCURRENT RESOLUTIONS FOR NOTICE

H.C.R. 235 - 238 (For text of Resolutions, see Addendum to House Calendarfor February 8, 2018)..................................................................................355

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ORDERS OF THE DAY

NOTICE CALENDAR

Second Reading

Favorable

H. 552.

An act relating to approval of the adoption and codification of the charter ofthe Town of Ferrisburgh.

Reported favorably by Senator Ayer for the Committee onGovernment Operations.

(Committee vote: 5-0-0)

(For House amendments, see House Journal of January 25, 2018, page177.)

H. 568.

An act relating to approval of amendments to the charter of the Town ofBarre.

Reported favorably by Senator Collamore for the Committee onGovernment Operations.


(No House amendments)

H. 573.

An act relating to approval of an amendment to the charter of the City ofRutland.

Reported favorably by Senator Collamore for the Committee onGovernment Operations.


(No House amendments)

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Favorable with Recommendation of Amendment

S. 164.

An act relating to establishing the Unused Prescription Drug RepositoryProgram.

Reported favorably with recommendation of amendment by SenatorAyer for the Committee on Health and Welfare.

The Committee recommends that the bill be amended by striking out allafter the enacting clause and inserting in lieu thereof the following:

Sec. 1. UNUSED PRESCRIPTION DRUG REPOSITORY PROGRAM;FEASIBILITY ANALYSIS; REPORT

(a) The Agency of Human Services, in consultation with the Board ofPharmacy and the Board of Medical Practice and after making reasonableefforts to consult with representatives from Vermont pharmacies, hospitals,long-term care facilities, and other health care facilities, shall evaluate thefeasibility of implementing an unused prescription drug repository program toaccept and dispense donated prescription drugs and supplies to Vermontresidents who meet specified eligibility standards. In determining thefeasibility of an unused prescription drug repository program in Vermont, theAgency of Human Services shall consider:

(1) the potential benefits of the program to Vermont consumers, thehealth care system, the environment, and the State;

(2) the costs of implementing and administering the program, includingthrough a contractual arrangement with a third party;

(3) one or more funding sources to support the program;

(4) the criteria under which pharmacies, hospitals, long-term carefacilities, and other health care facilities would accept and dispense donatedprescription drugs and supplies under the program, including:

(A) eligibility criteria for participation by pharmacies, hospitals,long-term care facilities, and other health care facilities;

(B) standards and procedures for accepting, safely storing, anddispensing donated prescription drugs and supplies; and

(C) standards and procedures for inspecting donated prescriptiondrugs and supplies to determine if the prescription drugs are in their originalsealed and tamper-evident packaging and to ensure that the prescription drugsand supplies are not adulterated, misbranded, or otherwise unsafe fordispensing;

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(5) eligibility criteria for individuals to receive donated prescriptiondrugs and supplies dispensed by pharmacies, hospitals, long-term carefacilities, and other health care facilities under the program;

(6) the fees that a pharmacy, hospital, long-term care facility, or otherhealth care facility would be permitted to charge for accepting, distributing, ordispensing donated prescription drugs and supplies under the program;

(7) the types of prescription drugs and supplies that the program wouldaccept; and

(8) an outreach and education plan to inform the public of theavailability of the program, including information regarding:

(A) who may be eligible to receive donated prescription drugs andsupplies under the program;

(B) how to demonstrate eligibility; and

(C) whether individuals may donate prescription drugs and suppliesand, if so, how to donate them.

(b) On or before December 1, 2018, the Agency of Human Services shallprovide to the House Committee on Health Care and the Senate Committee onHealth and Welfare its analysis and recommendations regarding theimplementation of an unused prescription drug repository program in Vermont.

Sec. 2. EFFECTIVE DATE

This act shall take effect on passage.


S. 175.

An act relating to the wholesale importation of prescription drugs intoVermont, bulk purchasing, and the impact of prescription drug costs on healthinsurance premiums.

Reported favorably with recommendation of amendment by SenatorAyer for the Committee on Health and Welfare.


* * * Wholesale Importation Program * * *

Sec. 1. 18 V.S.A. chapter 91, subchapter 4 is added to read:

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Subchapter 4. Wholesale Prescription Drug Importation Program

§ 4651. WHOLESALE IMPORTATION PROGRAM FOR PRESCRIPTIONDRUGS; DESIGN

(a) The Agency of Human Services, in consultation with interestedstakeholders and appropriate federal officials, shall design a wholesaleprescription drug importation program that complies with the applicablerequirements of 21 U.S.C. § 384, including the requirements regarding safetyand cost savings. The program design shall:

(1) designate a State agency that shall either become a licensed drugwholesaler or contract with a licensed drug wholesaler in order to seek federalcertification and approval to import safe prescription drugs and providesignificant prescription drug cost savings to Vermont consumers;

(2) use Canadian prescription drug suppliers regulated under the laws ofCanada or of one or more Canadian provinces, or both;

(3) ensure that only prescription drugs meeting the U.S. Food and DrugAdministration’s safety, effectiveness, and other standards shall be imported byor on behalf of the State;

(4) import only those prescription drugs expected to generate substantialsavings for Vermont consumers;

(5) ensure that the program complies with the tracking and tracingrequirements of 21 U.S.C. §§ 360eee and 360eee-1 to the extent feasible andpractical prior to imported drugs coming into the possession of the Statewholesaler and that it complies fully after imported drugs are in the possessionof the State wholesaler;

(6) prohibit the distribution, dispensing, or sale of imported productsoutside Vermont’s borders;

(7) establish a fee on each prescription or establish another financingmechanism to ensure that the program is funded adequately in a manner thatdoes not jeopardize significant consumer savings; and

(8) include a robust audit function.

(b) On or before January 1, 2019, the Secretary of Human Services shallsubmit the proposed design for a wholesale prescription drug importationprogram to the House Committee on Health Care and the Senate Committeeson Health and Welfare and on Finance.

§ 4652. MONITORING FOR ANTICOMPETITIVE BEHAVIOR

The Agency of Human Services shall consult with the Office of theAttorney General to identify the potential, and to monitor, for anticompetitive

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behavior in industries that would be affected by a wholesale prescription drugimportation program.

§ 4653. FEDERAL COMPLIANCE

(a) On or before July 1, 2019, the Agency of Human Services shall submita formal request to the Secretary of the U.S. Department of Health and HumanServices for certification of the State’s wholesale prescription drug importationprogram.

(b) The Agency of Human Services shall seek the appropriate federalapprovals, waivers, exemptions, or agreements, or a combination thereof, asneeded to enable all covered entities enrolled in or eligible for the federal340B Drug Pricing Program to participate in the State’s wholesale prescriptiondrug importation program to the fullest extent possible without jeopardizingtheir eligibility for the 340B Program.

§ 4654. IMPLEMENTATION PROVISIONS

Upon certification and approval by the Secretary of the U.S. Department ofHealth and Human Services, the Agency of Human Services shall beginimplementation of the wholesale prescription drug importation program andshall begin operating the program within six months following the date of theSecretary’s approval. As part of the implementation process, the Agency ofHuman Services shall, in accordance with State procurement and contractlaws, rules, and procedures as appropriate:

(1) become licensed as a wholesaler or enter into a contract with aVermont-licensed wholesaler;

(2) contract with one or more Vermont-licensed distributors;

(3) contract with one or more licensed and regulated Canadiansuppliers;

(4) engage with health insurance plans, employers, pharmacies, healthcare providers, and consumers;

(5) develop a registration process for health insurance plans,pharmacies, and prescription drug-administering health care providers who arewilling to participate in the program;

(6) create a publicly available source for listing the prices of importedprescription drug products that shall be made available to all participatingentities and consumers;

(7) create an outreach and marketing plan to generate programawareness;

(8) starting in the weeks before the program becomes operational, create

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and staff a hotline to answer questions and address the needs of consumers,employers, health insurance plans, pharmacies, health care providers, andother affected sectors;

(9) establish the audit function and a two-year audit work-plancycle; and

(10) conduct any other activities that the Agency determines to beimportant for successful implementation of the program.

§ 4655. ANNUAL REPORTING

(a) Annually on or before January 15, the Agency of Human Services shallreport to the House Committee on Health Care and the Senate Committees onHealth and Welfare and on Finance regarding the operation of the wholesaleprescription drug importation program during the previous calendar year,including:

(1) which prescription drugs were included in the wholesale importationprogram;

(2) the number of participating pharmacies, health care providers, andhealth insurance plans;

(3) the number of prescriptions dispensed through the program;

(4) the estimated savings to consumers, health plans, employers, and theState during the previous calendar year and to date;

(5) information regarding implementation of the audit plan and auditfindings; and

(6) any other information the Secretary of Human Services deemsrelevant.

(b) The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shallnot apply to the report to be made under this section.

* * * Bulk Purchasing of Prescription Drugs * * *

Sec. 2. 18 V.S.A. chapter 91, subchapter 5 is added to read:

Subchapter 5. Bulk Purchasing

§ 4671. DEFINITIONS

As used in this subchapter:

(1) “Pharmacy benefit manager” shall have the same meaning as insection 9471 of this title.

(2) “Prescription drug claims processor” means a person who does oneor more of the following:

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(A) processes and pays prescription drug claims;

(B) adjudicates pharmacy claims;

(C) transmits prescription drug prices and claims data betweenpharmacies and the bulk purchasing program established in this subchapter; or

(D) processes payments to pharmacies related to the bulk purchasingprogram established in this subchapter.

(3) “Wholesale drug distributor” shall have the same meaning as in 26V.S.A. § 2022.

§ 4672. PRESCRIPTION DRUG BULK PURCHASING PROGRAM

(a) Purposes. There is established a bulk purchasing program forprescription drugs in the Department of Health for the purposes of:

(1) purchasing prescription drugs or reimbursing pharmacies forprescription drugs, or both, in order to receive discounted prices and rebates;

(2) making prescription drugs available at the lowest possible cost toparticipants in the program; and

(3) maximizing the purchasing power of prescription drug consumers inthis State in order to negotiate the lowest possible prices for these consumers.

(b) Administration. The Department of Health shall administer theprogram, with the assistance of a wholesale drug distributor if the Departmentdeems it appropriate, by:

(1) negotiating price discounts and rebates on prescription drugs withprescription drug manufacturers;

(2) purchasing prescription drugs on behalf of participants in theprogram;

(3) determining program prices and reimbursing pharmacies forprescription drugs;

(4) developing a system for allocating and distributing among programparticipants the program’s operational costs and any rebates obtained;

(5) cooperating with other states or regional consortia in the bulkpurchase of prescription drugs; and

(6) establishing terms and conditions for pharmacies to enroll in theprogram.

(c) Contracts. The Department may enter into contracts with one or moreof the following:

(1) pharmacy benefit managers;

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(2) prescription drug claims processors; or

(3) wholesale drug distributors.

(d) Application process.

(1) The Department shall create and distribute an application forenrollment in the program.

(2) The Department may charge a participant a nominal fee to:

(A) process the application for enrollment in the program; and

(B) produce and distribute identification cards for the program.

(e) Program prices.

(1) The Department shall calculate and transmit to each enrolledpharmacy the program price for each prescription drug included in theprogram.

(2) An enrolled pharmacy shall charge a program participant theprogram price for a prescription drug if the participant presents a validprogram identification card.

(f) Enrollment.

(1) Subject to subdivision (2) of this subsection and notwithstanding anyother provision of law to the contrary, the Department shall automaticallyenroll in the program all consumers receiving prescription drugs through anyother State agency or department.

(2) Notwithstanding subdivision (1) of this subsection, if another Stateagency or department demonstrates to the Department that program enrollmentwould result in a net increase in costs to either the State or the consumers, theother agency or department shall be exempt from automatic enrollment in thebulk purchasing program established in this subchapter.

§ 4673. FEDERAL WAIVER

If a federal waiver is necessary to enable the participation of any Vermontconsumer in the bulk purchasing program established in this subchapter, theDepartment shall take all necessary steps to obtain the waiver, and any otherState agency or department that provides prescription drugs to Vermontconsumers shall cooperate with the Department in obtaining the waiver.

§ 4674. RULES

The Department shall adopt rules pursuant to 3 V.S.A. chapter 25 as neededto carry out the purposes of this subchapter. At a minimum, the rules shalladdress:

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(1) the enrollment of pharmacies in the program; and

(2) the issuance of prescription drug identification cards to participantsin the program.

§ 4675. REPORTING REQUIREMENTS

(a) Annually on or before January 15, the Department of Health shallprovide a report on the progress of program implementation to the HouseCommittee on Health Care and the Senate Committees on Health and Welfareand on Finance.

(b) Each report shall include the following information:

(1) the number of participants in the program during the previouscalendar year and the number of participants the Department anticipates for theupcoming calendar year;

(2) the number of participants for whom the program has purchasedprescription drugs during the previous calendar year and to date, as well as thenumber of participants for whom the program expects to purchase prescriptiondrugs during the upcoming calendar year;

(3) the total and average individual savings on prescription drug pricesfor participants for the previous calendar year and to date, as well as theprojected total and average individual savings on prescription drug prices forparticipants during the upcoming calendar year;

(4) progress toward expanding the program; and

(5) any recommendations for legislation that the Department feels arenecessary to implement the program further and to expand programparticipation.

* * * Health Insurance Plan Reporting * * *

Sec. 3. 8 V.S.A. § 4062 is amended to read:

§ 4062. FILING AND APPROVAL OF POLICY FORMS AND PREMIUMS

* * *

(b)(1) In conjunction with a rate filing required by subsection (a) of thissection, an insurer shall file a plain language summary of the proposed rate.All summaries shall include a brief justification of any rate increase requested,the information that the Secretary of the U.S. Department of Health andHuman Services (HHS) requires for rate increases over 10 percent, and anyother information required by the Board. The plain language summary shallbe in the format required by the Secretary of HHS pursuant to the PatientProtection and Affordable Care Act of 2010, Public Law 111-148, as amended

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by the Health Care and Education Reconciliation Act of 2010, Public Law 111-152, and shall include notification of the public comment period established insubsection (c) of this section. In addition, the insurer shall post the summarieson its website.

(2)(A) In conjunction with a rate filing required by subsection (a) of thissection, an insurer shall disclose to the Board:

(i) for all covered prescription drugs, including generic drugs,brand-name drugs excluding specialty drugs, and specialty drugs dispensed ata pharmacy, network pharmacy, or mail-order pharmacy for outpatient use:

(I) the percentage of the premium rate attributable toprescription drug costs for the prior year for each category of prescriptiondrugs;

(II) the year-over-year increase or decrease, expressed as apercentage, in per-member, per-month total health plan spending on eachcategory of prescription drugs; and

(III) the year-over-year increase or decrease in per-member,per-month costs for prescription drugs compared to other components of thepremium rate; and

(ii) the specialty tier formulary list.

(B) The insurer shall provide, if available, the percentage of thepremium rate attributable to prescription drugs administered by a health careprovider in an outpatient setting that are part of the medical benefit as separatefrom the pharmacy benefit.

(C) The insurer shall include information on its use of a pharmacybenefit manager, if any, including which components of the prescription drugcoverage described in subdivisions (A) and (B) of this subdivision (2) aremanaged by the pharmacy benefit manager, as well as the name of thepharmacy benefit manager or managers used.

(c)(1) The Board shall provide information to the public on the Board’swebsite about the public availability of the filings and summaries requiredunder this section.

(2)(A) Beginning no later than January 1, 2014, the The Board shallpost the rate filings pursuant to subsection (a) of this section and summariespursuant to subsection (b) of this section on the Board’s website within fivecalendar days of following filing. The Board shall also establish a mechanismby which members of the public may request to be notified automatically eachtime a proposed rate is filed with the Board.

* * *

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Sec. 4. 18 V.S.A. § 4636 is added to read:

§ 4636. IMPACT OF PRESCRIPTION DRUG COSTS ON HEALTHINSURANCE PREMIUMS; REPORT

(a) Each health insurer with more than 200 covered lives in this State shallreport to the Green Mountain Care Board, for all covered prescription drugs,including generic drugs, brand-name drugs, and specialty drugs provided in anoutpatient setting or sold in a retail setting:

(1) the 25 most frequently prescribed drugs and the average wholesaleprice for each drug;

(2) the 25 most costly drugs by total plan spending and the averagewholesale price for each drug; and

(3) the 25 drugs with the highest year-over-year price increases and theaverage wholesale price for each drug.

(b) The Green Mountain Care Board shall compile the informationreported pursuant to subsection (a) of this section into a consumer-friendlyreport that demonstrates the overall impact of drug costs on health insurancepremiums. The data in the report shall be aggregated and shall not revealinformation as specific to a particular health benefit plan.

(c) The Board shall publish the report required pursuant to subsection (b)of this section on its website on or before January 1 of each year. Informationprovided to the Board pursuant to this section is exempt from inspection andcopying under the Public Records Act and shall be kept confidential except tothe extent it is aggregated and included in the report described in subsection(b) of this section.

* * * Notice of New High-Cost Drugs * * *


§ 4637. NOTICE OF INTRODUCTION OF NEW HIGH-COSTPRESCRIPTION DRUGS

(a) As used in this section:

(1) “Manufacturer” shall have the same meaning as “pharmaceuticalmanufacturer” in section 4631a of this title.

(2) “Prescription drug” means a drug as defined in 21 U.S.C. § 321.

(b) A prescription drug manufacturer shall notify the Office of theAttorney General in writing if it is introducing a new prescription drug tomarket at a wholesale acquisition cost that exceeds the threshold set for aspecialty drug under the Medicare Part D program. The manufacturer shall

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provide the written notice within three calendar days following the release ofthe drug in the commercial market. A manufacturer may make the notificationpending approval by the U.S. Food and Drug Administration (FDA) ifcommercial availability is expected within three calendar days following theapproval.

(c) Not later than 30 calendar days following notification pursuant tosubsection (b) of this section, the manufacturer shall provide all of thefollowing information to the Office of the Attorney General in a format thatthe Office prescribes:

(1) a description of the marketing and pricing plans used in the launchof the new drug in the United States and internationally;

(2) the estimated volume of patients who may be prescribed the drug;

(3) whether the drug was granted breakthrough therapy designation orpriority review by the FDA prior to final approval; and

(4) the date and price of acquisition if the drug was not developed bythe manufacturer.

(d) The manufacturer may limit the information reported pursuant tosubsection (c) of this section to that which is otherwise in the public domain orpublicly available.

(e) The Office of the Attorney General shall publish on its website at leastquarterly the information reported to it pursuant to this section. Theinformation shall be published in a manner that identifies the information thatis disclosed on a per-drug basis and shall not be aggregated in a manner thatwould not allow identification of the drug.

(f) The Attorney General may bring an action in the Civil Division of theSuperior Court, Washington County for injunctive relief, costs, and attorney’sfees and to impose on a manufacturer that fails to provide the informationrequired by subsection (c) of this section a civil penalty of not more than$1,000.00 per day for every day after the notification period described insubsection (b) of this section that the required information is not reported. Inany action brought pursuant to this section, the Attorney General shall have thesame authority to investigate and to obtain remedies as if the action werebrought under the Consumer Protection Act, 9 V.S.A. chapter 63.

* * * Disclosures by Pharmacists * * *

Sec. 6. 18 V.S.A. § 9473(b) is amended to read:

(b) A pharmacy benefit manager or other entity paying pharmacy claimsshall not:

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(1) impose a higher co-payment for a prescription drug than the co-payment applicable to the type of drug purchased under the insured’s healthplan;

(2) impose a higher co-payment for a prescription drug than themaximum allowable cost for the drug; or

(3) require a pharmacy to pass through any portion of the insured’s co-payment to the pharmacy benefit manager or other payer;

(4) prohibit or penalize a pharmacy or pharmacist for providinginformation to an insured regarding the insured’s cost-sharing amount for aprescription drug; or

(5) prohibit or penalize a pharmacy or pharmacist for the pharmacist orother pharmacy employee disclosing to an insured the cash price for aprescription drug or selling a lower cost drug to the insured if one is available.

* * * Effective Dates * * *

Sec. 7. EFFECTIVE DATES

(a) Sec. 6 (18 V.S.A. § 9473; disclosures by pharmacists) shall take effecton July 1, 2018 and shall apply to all contracts taking effect on or after thatdate.

(b) The remaining sections shall take effect on passage.


S. 234.

An act relating to juvenile justice.

Reported favorably with recommendation of amendment by SenatorSears for the Committee on Judiciary.


* * * Findings * * *


§ 5101. LEGISLATIVE FINDINGS AND PURPOSES

(a) The General Assembly finds and declares as public policy that aneffective youth justice system: protects public safety; connects youths andyoung adults to age-appropriate services that reduce the risk of reoffense; and,when appropriate, shields youths from the adverse impact of a criminal record.

(b) In order to accomplish these goals, the system should be based on theimplementation of data-driven evidence-based practices that offer a broad

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range of alternatives, such that the degree of intervention is commensuratewith the risk of reoffense.

(c) High-intensity interventions with low-risk offenders not only decreaseprogram effectiveness, but are contrary to the goal of public safety in that theyincrease the risk of recidivism. An effective youth justice system includes pre-charge options that keep low-risk offenders out of the criminal justice systemaltogether.

(d) The juvenile judicial proceedings chapters shall be construed inaccordance with the following purposes:

(1) to provide for the care, protection, education, and healthy mental,physical, and social development of children coming within the provisions ofthe juvenile judicial proceedings chapters;

(2) to remove from children committing delinquent acts the taint ofcriminality and the consequences of criminal behavior and to providesupervision, care, and rehabilitation which that ensure:

(A) balanced attention to the protection of the community;

(B) accountability to victims and the community for offenses; and

(C) the development of competencies to enable children to becomeresponsible and productive members of the community;

(3) to preserve the family and to separate a child from his or her parentsonly when necessary to protect the child from serious harm or in the interestsof public safety;

(4) to ensure that safety and timely permanency for children are theparamount concerns in the administration and conduct of proceedings underthe juvenile judicial proceedings chapters;

(5) to achieve the foregoing purposes, whenever possible, in a familyenvironment, recognizing the importance of positive parent-child relationshipsto the well-being and development of children; and

(6) to provide judicial proceedings through which the provisions of thejuvenile judicial proceedings chapters are executed and enforced and in whichthe parties are ensured a fair hearing, and that their constitutional and otherlegal rights are recognized and enforced.

(b)(e) The provisions of the juvenile judicial proceedings chapters shall beconstrued as superseding the provisions of the criminal law of this State to theextent the same are inconsistent with this chapter.

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* * * Expungement * * *


§ 7609. EXPUNGEMENT OF CRIMINAL HISTORY RECORDS OF ANINDIVIDUAL 18-21 YEARS OF AGE

(a) Procedure. Except as provided in subsection (b) of this section, therecord of the criminal proceedings for an individual who was 18-21 years ofage at the time the individual committed a qualifying crime shall be expungedwithin 30 days after the date on which the individual successfully completedthe terms and conditions of the sentence for the conviction of the qualifyingcrime, absent a finding of good cause by the court. The court shall issue anorder to expunge all records and files related to the arrest, citation,investigation, charge, adjudication of guilt, criminal proceedings, andprobation related to the sentence. A copy of the order shall be sent to eachagency, department, or official named in the order. Thereafter, the court, lawenforcement officers, agencies, and departments shall reply to any request forinformation that no record exists with respect to such individual.Notwithstanding this subsection, the record shall not be expunged untilrestitution has been paid in full.

(b) Exceptions.

(1) A criminal record that includes both qualifying and nonqualifyingoffenses shall not be eligible for expungement pursuant to this section.

(2) The Vermont Crime Information Center shall retain a special indexof sentences for sex offenses that require registration pursuant to chapter 167,subchapter 3 of this title. This index shall only list the name and date of birthof the subject of the expunged files and records, the offense for which thesubject was convicted, and the docket number of the proceeding that was thesubject of the expungement. The special index shall be confidential and shallbe accessed only by the director of the Vermont Crime Information Center andan individual designated for the purpose of providing information to theDepartment of Corrections in the preparation of a presentence investigation inaccordance with 28 V.S.A. §§ 204 and 204a.

* * * Juvenile Delinquency Proceedings * * *


§ 5225. PRELIMINARY HEARING; RISK ASSESSMENT

(a) Preliminary hearing. A preliminary hearing shall be held at the timeand date specified on the citation or as otherwise ordered by the court. If achild is taken into custody prior to the preliminary hearing, the preliminaryhearing shall be at the time of the temporary care hearing. Counsel for the

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child shall be assigned prior to the preliminary hearing.

(b) Risk and needs screening.

(1) Prior to the preliminary hearing, the child shall be afforded anopportunity to undergo a risk and needs screening, which shall be conductedby the Department or by a community provider that has contracted with theDepartment to provide risk and need screenings for children alleged to havecommitted delinquent acts.

(2) If the child participates in such a screening, the Department or thecommunity provider shall report the risk level result of the screening, thenumber and source of the collateral contacts made, and the recommendationfor charging or other alternatives to the State’s Attorney. The State’s Attorneyshall consider the results of the risk and needs screening in determiningwhether to file a charge. In lieu of filing a charge, the State’s Attorney mayrefer a child directly to a youth-appropriate community-based provider that hasbeen approved by the Department, which may include a community justicecenter or a balanced and restorative justice program. Referral to a community-based provider pursuant to this subsection shall not require the State’sAttorney to file a charge. If the community-based provider does not accept thecase or if the child fails to complete the program in a manner deemedsatisfactory and timely by the provider, the child’s case shall return to theState’s Attorney for charging consideration.

(3) If a charge is brought in the Family Division, the risk level resultshall be provided to the child’s attorney. Except on agreement of the parties,the results shall not be provided to the court until after a merits finding hasbeen made.

(c) Counsel for the child shall be assigned prior to the preliminary hearing.Referral to diversion. Based on the results of the risk and needs screening, if achild presents a low to moderate risk to reoffend, the State’s Attorney shallrefer the child directly to court diversion unless the State’s Attorney states onthe record why a referral to court diversion would not serve the ends of justice.If the court diversion program does not accept the case or if the child fails tocomplete the program in a manner deemed satisfactory and timely by theprovider, the child’s case shall return to the State’s Attorney for chargingconsideration.

(d) Guardian ad litem. At the preliminary hearing, the court shall appoint aguardian ad litem for the child. The guardian ad litem may be the child’sparent, guardian, or custodian. On its own motion or motion by the child’sattorney, the court may appoint a guardian ad litem other than a parent,guardian, or custodian.

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(e) Admission; denial. At the preliminary hearing, a denial shall be enteredto the allegations of the petition, unless the juvenile, after adequateconsultation with the guardian ad litem and counsel, enters an admission. Ifthe juvenile enters an admission, the disposition case plan required by section5230 of this title may be waived and the court may proceed directly todisposition, provided that the juvenile, the custodial parent, the State’sAttorney, the guardian ad litem, and the Department agree.

(f) Conditions. The court may order the child to abide by conditions ofrelease pending a merits or disposition hearing.


§ 5203. TRANSFER FROM OTHER COURTS

(a) If it appears to a Criminal Division of the Superior Court that thedefendant was under 18 years of age at the time the offense charged wasalleged to have been committed and the offense charged is a misdemeanor, thatcourt shall forthwith transfer the case to the Family Division of the SuperiorCourt under the authority of this chapter an offense not specified in subsection5204(a) of this title, that court shall forthwith transfer the proceeding to theFamily Division of the Superior Court under the authority of this chapter, andthe minor shall then be considered to be subject to this chapter as a childcharged with a delinquent act.

(b) If it appears to a Criminal Division of the Superior Court that thedefendant was under 18 years of age at the time a felony offense not specifiedin subsection 5204(a) of this title was alleged to have been committed, thatcourt shall forthwith transfer the proceeding to the Family Division of theSuperior Court under the authority of this chapter, and the minor shallthereupon be considered to be subject to this chapter as a child charged with adelinquent act had attained 14 years of age but not 18 years of age at the timean offense specified in subsection 5204(a) of this title was alleged to have beencommitted, that court may forthwith transfer the proceeding to the FamilyDivision of the Superior Court under the authority of this chapter, and theminor shall then be considered to be subject to this chapter as a child chargedwith a delinquent act.

* * *

* * * Youthful Offender Proceedings * * *


§ 5280. COMMENCEMENT OF YOUTHFUL OFFENDERPROCEEDINGS IN THE FAMILY DIVISION

(a) A proceeding under this chapter shall be commenced by:

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(1) the filing of a youthful offender petition by a State’s Attorney; or

(2) transfer to the Family Court of a proceeding from the CriminalDivision of the Superior Court as provided in section 5281 of this title.

(b) A State’s Attorney may commence a proceeding in the Family Divisionof the Superior Court concerning a child who is alleged to have committed anoffense after attaining 16 years of age but not 22 years of age that couldotherwise be filed in the Criminal Division.

(c) If a State’s Attorney files a petition under subdivision (a)(1) of thissection, the case shall proceed as provided under subsection 5281(b) of thistitle.

(d) Within 15 days after the commencement of a youthful offenderproceeding pursuant to subsection (a) of this section, the youth shall be offereda risk and needs screening, which shall be conducted by the Department or bya community provider that has contracted with the Department to provide riskand needs screenings. The risk and needs screening shall be completed priorto the youthful offender status hearing held pursuant to section 5283 of thistitle. Unless the court extends the period for the risk and needs screening forgood cause shown, the Family Division shall reject the case for youthfuloffender treatment if the youth does not complete the risk and needs screeningwithin 15 days.

(1) The Department or the community provider shall report the risklevel result of the screening, the number and source of the collateral contactsmade, and the recommendation for charging or other alternatives to the State’sAttorney.

(2) Information related to the present alleged offense directly orindirectly derived from the risk and needs screening or other conversation withthe Department or community-based provider shall not be used against theyouth in the youth’s criminal or juvenile case for any purpose, includingimpeachment or cross-examination. However, the fact of participation in riskand needs screening may be used in subsequent proceedings.

(e) If a youth presents a low to moderate risk to reoffend based on theresults of the risk and needs screening, the State’s Attorney shall refer a youthdirectly to court diversion unless the State’s Attorney states on the record atthe hearing held pursuant to section 5283 of this title why a referral would notserve the ends of justice. If the court diversion program does not accept thecase or if the youth fails to complete the program in a manner deemedsatisfactory and timely by the provider, the youth’s case shall return to theState’s Attorney for charging consideration.


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§ 5282. REPORT FROM THE DEPARTMENT

(a) Within 30 days after the case is transferred to the Family Division or ayouthful offender petition is filed in the Family Division, youth has completedthe risk and needs screening pursuant to section 5280 of this title, unless thecourt extends the period for good cause shown, the Department for Childrenand Families shall file a report with the Family Division of the Superior Court.

* * *


§ 5801. WOODSIDE JUVENILE REHABILITATION CENTER

(a) The Woodside Juvenile Rehabilitation Center in the town of Essex shallbe operated by the Department for Children and Families as a residentialtreatment facility that provides in-patient psychiatric, mental health, andsubstance abuse services in a secure setting for adolescents who have beenadjudicated or charged with a delinquency or criminal act.

(b) The total capacity of the facility shall not exceed 30 beds.

(c) The purpose or capacity of the Woodside Juvenile Rehabilitation Centershall not be altered except by act of the General Assembly following a studyrecommending any change of use by the Agency of Human Services.

(d) No person who has reached his or her 18th birthday may be placed atWoodside. Notwithstanding any other provision of law, a person under the ageof 18 years of age may be placed at Woodside, provided that he or she meetsthe admissions criteria for treatment as established by the Department forChildren and Families. Any person already placed at Woodside mayvoluntarily continue receiving treatment at Woodside beyond his or her 18thbirthday, provided that he or she continues to meet the criteria established bythe Department for continued treatment. The Commissioner shall ensure that achild placed at Woodside has the same or equivalent due process rights as achild placed at Woodside in its previous role as a detention facility prior to theenactment of this act.

Sec. 8. DEPARTMENT FOR CHILDREN AND FAMILIES; EXPANDINGJUVENILE JURISDICTION; REPORT

The Department for Children and Families, in consultation with theDepartment of State’s Attorneys and Sheriffs, the Office of the DefenderGeneral, the Court Administrator, and the Commissioner of Corrections, shall:

(1) consider the implications of expanding juvenile jurisdiction under 33V.S.A. chapters 52 and 52a to encompass 18- and 19-year-olds beginning infiscal year 2021;

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(2) report on the status and plan for the expansion, including necessaryfunding, to the Joint Legislative Justice Oversight Committee on or beforeNovember 1, 2018; and

(3) provide status update reports to the Joint Legislative JusticeOversight Committee on or before November 1, 2019 and November 1, 2020.

* * * Effective July 1, 2020 * * *

Sec. 9. 33 V.S.A. § 5201 is amended as follows:

§ 5201. COMMENCEMENT OF DELINQUENCY PROCEEDINGS

(a) Proceedings under this chapter shall be commenced by:

(1) transfer to the court of a proceeding from another court as providedin section 5203 of this title; or

(2) the filing of a delinquency petition by a State’s Attorney.

(b) If the proceeding is commenced by transfer from another court, nopetition need be filed; however, the State’s Attorney shall provide to the courtthe name and address of the child’s custodial parent, guardian, or custodianand the name and address of any noncustodial parent if known.

(c) Any proceeding concerning a child who is alleged to have committedan act specified in subsection 5204(a) of this title after attaining 14 years ofage, but not 18 years of age, shall originate in the Criminal Division of theSuperior Court, provided that jurisdiction may be transferred in accordancewith this chapter.

(d) Any proceeding concerning a child who is alleged to have committed amisdemeanor any offense other than those specified in subsection 5204(a) ofthis title before attaining 18 19 years of age shall originate in the FamilyDivision of the Superior Court, provided that jurisdiction may be transferred inaccordance with this chapter.

(e) Any proceeding concerning a child who is alleged to have committed afelony offense other than those specified in subsection 5204(a) of this titlebefore attaining 18 years of age shall originate in the Family Division of theSuperior Court provided that jurisdiction may be transferred in accordancewith this chapter. [Repealed.]

(f) If the State requests that custody of the child be transferred to theDepartment, a temporary care hearing shall be held as provided in subchapter3 of this chapter.

(g) A petition may be withdrawn by the State’s Attorney at any time priorto the hearing thereon, in which event the child shall be returned to thecustodial parent, guardian, or custodian, the proceedings under this chapter

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terminated, and all files and documents relating thereto sealed under section5119 of this title.


§ 5202. ORDER OF ADJUDICATION; NONCRIMINAL

(a)(1) An order of the Family Division of the Superior Court inproceedings under this chapter shall not:

(A) be deemed a conviction of crime;

(B) impose any civil disabilities sanctions ordinarily resulting from aconviction; or

(C) operate to disqualify the child in any civil service application orappointment.

(2) Notwithstanding subdivision (1) of this subsection, an order ofdelinquency in proceedings transferred under subsection 5203(b) of this title,where the offense charged in the initial criminal proceedings was concerning achild who is alleged to have committed a violation of those sections of Title 23specified in subdivision 23 V.S.A. § 801(a)(1), shall be an event in addition tothose specified therein, enabling the Commissioner of Motor Vehicles torequire proof of financial responsibility under 23 V.S.A. chapter 11.

(b) The disposition of a child and evidence given in a hearing in a juvenileproceeding shall not be admissible as evidence against the child in any case orproceeding in any other court except after a subsequent conviction of a felonyin proceedings to determine the sentence.



(a) If it appears to a Criminal Division of the Superior Court that thedefendant was under 18 19 years of age at the time the offense charged wasalleged to have been committed and the offense charged is an offense notspecified in subsection 5204(a) of this title, that court shall forthwith transferthe proceeding to the Family Division of the Superior Court under theauthority of this chapter, and the minor shall then be considered to be subjectto this chapter as a child charged with a delinquent act.

(b) If it appears to a Criminal Division of the Superior Court that thedefendant had attained 14 years of age but not 18 years of age at the time anoffense specified in subsection 5204(a) of this title was alleged to have beencommitted, that court may forthwith transfer the proceeding to the FamilyDivision of the Superior Court under the authority of this chapter, and theminor shall then be considered to be subject to this chapter as a child chargedwith a delinquent act.

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(c) If it appears to the State’s Attorney that the defendant was under 18 19years of age at the time the felony offense charged was alleged to have beencommitted and the felony charged is not an offense specified in subsection5204(a) of this title, the State’s Attorney shall file charges in the FamilyDivision of the Superior Court, pursuant to section 5201 of this title. TheFamily Division may transfer the proceeding to the Criminal Division pursuantto section 5204 of this title.

(d) A transfer under this section shall include a transfer and delivery of acopy of the accusatory pleading and other papers, documents, and transcriptsof testimony relating to the case. Upon any such transfer, that court shall orderthat the defendant be taken forthwith to a place of detention designated by theFamily Division of the Superior Court or to that court itself, or shall releasethe child to the custody of his or her parent or guardian or other person legallyresponsible for the child, to be brought before the Family Division of theSuperior Court at a time designated by that court. The Family Division of theSuperior Court shall then proceed as provided in this chapter as if a petitionalleging delinquency had been filed with the court under section 5223 of thistitle on the effective date of such transfer.

(e) Motions to transfer a case to the Family Division of the Superior Courtfor youthful offender treatment shall be made under section 5281 of this title.


§ 5204. TRANSFER FROM FAMILY DIVISION OF THE SUPERIORCOURT

(a) After a petition has been filed alleging delinquency, upon motion of theState’s Attorney and after hearing, the Family Division of the Superior Courtmay transfer jurisdiction of the proceeding to the Criminal Division of theSuperior Court, if the child had attained 16 years of age but not 18 19 years ofage at the time the act was alleged to have occurred and the delinquent act setforth in the petition is a felony not specified in subdivisions (1)-(12) of thissubsection or if the child had attained 12 years of age but not 14 years of ageat the time the act was alleged to have occurred, and if the delinquent act setforth in the petition was any of the following:

(1) arson causing death as defined in 13 V.S.A. § 501;

(2) assault and robbery with a dangerous weapon as defined in13 V.S.A. § 608(b);

(3) assault and robbery causing bodily injury as defined in 13 V.S.A.§ 608(c);

(4) aggravated assault as defined in 13 V.S.A. § 1024;

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(5) murder as defined in 13 V.S.A. § 2301;

(6) manslaughter as defined in 13 V.S.A. § 2304;

(7) kidnapping as defined in 13 V.S.A. § 2405;

(8) unlawful restraint as defined in 13 V.S.A. § 2406 or 2407;

(9) maiming as defined in 13 V.S.A. § 2701;

(10) sexual assault as defined in 13 V.S.A. § 3252(a)(1) or (a)(2);

(11) aggravated sexual assault as defined in 13 V.S.A. § 3253; or

(12) burglary into an occupied dwelling as defined in 13 V.S.A.§ 1201(c).

(b) The State’s Attorney of the county where the juvenile petition ispending may move in the Family Division of the Superior Court for an ordertransferring jurisdiction under subsection (a) of this section at any time prior toadjudication on the merits. The filing of the motion to transfer jurisdictionshall automatically stay the time for the hearing provided for in section 5225of this title, which stay shall remain in effect until such time as the FamilyDivision of the Superior Court may deny the motion to transfer jurisdiction.

* * *

* * * Effective July 1, 2022 * * *


§ 5201. COMMENCEMENT OF DELINQUENCY PROCEEDINGS

(a) Proceedings under this chapter shall be commenced by:

(1) transfer to the court of a proceeding from another court as providedin subsection (c) of this section; or

(2) the filing of a delinquency petition by a State’s Attorney.

(b) If the proceeding is commenced by transfer from another court, nopetition need be filed; however, the State’s Attorney shall provide to the courtthe name and address of the child’s custodial parent, guardian, or custodianand the name and address of any noncustodial parent if known.

(c) Any proceeding concerning a child who is alleged to have committedan act specified in subsection 5204(a) of this title after attaining 14 years ofage, but not 18 years of age, shall originate in the Criminal Division of theSuperior Court, provided that jurisdiction may be transferred in accordancewith this chapter.

(d) Any proceeding concerning a child who is alleged to have committedany offense other than those specified in subsection 5204(a) of this title before

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attaining 19 20 years of age shall originate in the Family Division of theSuperior Court, provided that jurisdiction may be transferred in accordancewith this chapter.

* * *



(a) If it appears to a Criminal Division of the Superior Court that thedefendant was under 19 20 years of age at the time the offense charged wasalleged to have been committed and the offense charged is an offense notspecified in subsection 5204(a) of this title, that court shall forthwith transferthe proceeding to the Family Division of the Superior Court under theauthority of this chapter, and the minor shall then be considered to be subjectto this chapter as a child charged with a delinquent act.

(b) If it appears to a Criminal Division of the Superior Court that thedefendant had attained 14 years of age but not 18 years of age at the time anoffense specified in subsection 5204(a) of this title was alleged to have beencommitted, that court may forthwith transfer the proceeding to the FamilyDivision of the Superior Court under the authority of this chapter, and theminor shall then be considered to be subject to this chapter as a child chargedwith a delinquent act.

(c) If it appears to the State’s Attorney that the defendant was under 19 20years of age at the time the felony offense charged was alleged to have beencommitted and the felony charged is not an offense specified in subsection5204(a) of this title, the State’s Attorney shall file charges in the FamilyDivision of the Superior Court, pursuant to section 5201 of this title. TheFamily Division may transfer the proceeding to the Criminal Division pursuantto section 5204 of this title.

(d) A transfer under this section shall include a transfer and delivery of acopy of the accusatory pleading and other papers, documents, and transcriptsof testimony relating to the case. Upon any such transfer, that court shall orderthat the defendant be taken forthwith to a place of detention designated by theFamily Division of the Superior Court or to that court itself, or shall releasethe child to the custody of his or her parent or guardian or other person legallyresponsible for the child, to be brought before the Family Division of theSuperior Court at a time designated by that court. The Family Division of theSuperior Court shall then proceed as provided in this chapter as if a petitionalleging delinquency had been filed with the court under section 5223 of thistitle on the effective date of such transfer.

(e) Motions to transfer a case to the Family Division of the Superior Court

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for youthful offender treatment shall be made under section 5281 of this title.


§ 5204. TRANSFER FROM FAMILY DIVISION OF THE SUPERIORCOURT

(a) After a petition has been filed alleging delinquency, upon motion of theState’s Attorney and after hearing, the Family Division of the Superior Courtmay transfer jurisdiction of the proceeding to the Criminal Division of theSuperior Court, if the child had attained 16 years of age but not 19 20 years ofage at the time the act was alleged to have occurred and the delinquent act setforth in the petition is a felony not specified in subdivisions (1)-(12) of thissubsection or if the child had attained 12 years of age but not 14 years of ageat the time the act was alleged to have occurred, and if the delinquent act setforth in the petition was any of the following:

(1) arson causing death as defined in 13 V.S.A. § 501;

(2) assault and robbery with a dangerous weapon as defined in13 V.S.A. § 608(b);

(3) assault and robbery causing bodily injury as defined in 13 V.S.A.§ 608(c);

(4) aggravated assault as defined in 13 V.S.A. § 1024;

(5) murder as defined in 13 V.S.A. § 2301;

(6) manslaughter as defined in 13 V.S.A. § 2304;

(7) kidnapping as defined in 13 V.S.A. § 2405;

(8) unlawful restraint as defined in 13 V.S.A. § 2406 or 2407;

(9) maiming as defined in 13 V.S.A. § 2701;

(10) sexual assault as defined in 13 V.S.A. § 3252(a)(1) or (a)(2);

(11) aggravated sexual assault as defined in 13 V.S.A. § 3253; or

(12) burglary into an occupied dwelling as defined in 13 V.S.A.§ 1201(c).

(b) The State’s Attorney of the county where the juvenile petition ispending may move in the Family Division of the Superior Court for an ordertransferring jurisdiction under subsection (a) of this section at any time prior toadjudication on the merits. The filing of the motion to transfer jurisdictionshall automatically stay the time for the hearing provided for in section 5225of this title, which stay shall remain in effect until such time as the FamilyDivision of the Superior Court may deny the motion to transfer jurisdiction.

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* * *

* * * Appropriation* * *

Sec. 16. APPROPRIATION

In fiscal year 2019 there is appropriated the sum of $200,000.00 to theDepartment for Children and Families from the General Fund to prepare forthe expansion of services to 18 and 19 year old juvenile offenders pursuant to33 V.S.A. chapters 52 and 52A beginning in fiscal year 2021, with anyunexpended funds to carry forward.

* * * Effective Dates * * *

Sec. 17. EFFECTIVE DATES

(a) This section, Sec. 4, and Sec. 16 shall take effect on passage.

(b) Secs. 1-3 and 5-8 shall take effect on July 1, 2018.

(c) Secs. 9-12 shall take effect on July 1, 2020.

(d) Secs. 13-15 shall take effect on July 1, 2022.

And that after passage the title of the bill be amended to read:

An act relating to adjudicating all teenagers in the Family Division, exceptthose charged with a serious violent felony.


CONCURRENT RESOLUTIONS FOR NOTICE

Concurrent Resolutions For Notice Under Joint Rule 16

The following joint concurrent resolutions have been introduced forapproval by the Senate and House. They will be adopted by the Senate unlessa Senator requests floor consideration before the end of the session of the nextlegislative day. Requests for floor consideration should be communicated tothe Secretary’s Office.

H.C.R. 235 - 238 (For text of Resolutions, see Addendum to House Calendarfor February 8, 2018)

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CONFIRMATIONS

The following appointments will be considered by the Senate, as a group,under suspension of the Rules, as moved by the President pro tempore, forconfirmation together and without debate, by consent thereby given by theSenate. However, upon request of any senator, any appointment may besingled out and acted upon separately by the Senate, with consideration givento the report of the Committee to which the appointment was referred, andwith full debate; and further, all appointments for the positions of Secretariesof Agencies, Commissioners of Departments, Judges, Magistrates, andmembers of the Public Utility Commission shall be fully and separately actedupon.

Anthony Z. Roisman of Weathersfield – Chair, Public Utility Commission(term 6/12/17 – 2/28/23) – By Sen. Cummings for the Committee on Finance.(2/7/18)

Heather F. Shouldice of Montpelier – Chair, Capitol Complex Commission(term 9/6/17 – 10/31/19) – By Sen. Soucy for the Committee on Institutions.(2/9/18)

Susan Hayward of North Middlesex – Member, Capitol ComplexCommission (term 9/6/17 – 10/31/19) – By Sen. Rodgers for the Committeeon Institutions. (2/9/18)

PUBLIC HEARINGS

February 13, 2018 - 6:00 P.M. - 7:00 P.M. - Room 11 - Re: Governor'sRecommended FY 2019 State Budget - House Committee on Appropriations.

Community-Based Public Hearings on the Governor’s RecommendedFY2019 State Budget

The Vermont House and Senate Committees on Appropriations are seekingpublic input on the Governor’s Recommended FY2019 State Budget and willhold community-based public hearings on Monday, February 12, 2018, 6:00 –7:00 p.m. at the following 5 locations.

Johnson State College – Stearns Student Center, Performance Space, 2nd

Floor in StearnsRutland City – Rutland Public Schools, Longfellow School Building,Board RoomSt. Johnsbury – St. Johnsbury House, Main dining room, 1207 Main St.St. Albans City – St. Albans City School, Library, 29 Bellows St.Winooski – Community College of Vermont, Room 401, 4th Floor.

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NEWLY Added Site: Springfield – Springfield Town Hall, 96 MainStreet, 3rd Floor Conference Room (Selectmen’s Hall)5:30-6:30 p.m.

An additional public hearing will be held on Tuesday, February 13, 2018, 6:00– 7:00 p.m. in room 11 of the State House in Montpelier.

The Committees will take testimony on the Governor’s recommended Statebudget at the above dates and times. Anyone interested in testifying shouldcome to one of the hearings. Time limits on testimony may apply dependingon volume of participants. If you have a story you would like to shareprivately with the committee members, please contact Theresa to schedule thisat the end of one of the hearings.

For more information about the format of these events, or to submit writtentestimony, contact Theresa Utton-Jerman or Rebecca Buck [email protected] or [email protected] or at 802-828-5767 or toll-freewithin Vermont at 1-800-322-5616. Requests for interpreters should bemade by Monday, January 29, 2018.

February 22, 2018 - 7:00 P.M. - Room 11 - Re: Judicial Retention - JointCommittee on Judicial Retention.

NOTICE OF JOINT ASSEMBLY

Thursday, February 15, 2018 - 10:30 A.M. - Election of two (2) trusteesfor the Vermont State Colleges Corporation.

Candidates for the positions of trustee must notify the Secretary of State inwriting not later than Thursday, February 8, 2018, by 5:00 P.M. pursuant tothe provisions of 2 V.S.A. §12(b). Otherwise their names will not appear onthe ballots for these positions.

The following rules shall apply to the conduct of these elections:

First: All nominations for these offices will be presented in alphabeticalorder prior to voting.

Second: There will be only one nominating speech of not more than three(3) minutes and not more than two seconding speeches of not more than one(1) minute each for each nominee.

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FOR INFORMATION ONLY

CROSS OVER DATES

The Joint Rules Committee established the following Crossover deadlines:

(1) All Senate/House bills must be reported out of the last committee ofreference (including the Committees on Appropriations and Finance/Ways andMeans, except as provided below in (2) and the exceptions listed below) on orbefore Friday, March 2, 2018, and filed with the Secretary/Clerk so they maybe placed on the Calendar for Notice the next legislative day.

(2) All Senate/House bills referred pursuant to Senate Rule 31 or HouseRule 35(a) to the Committees on Appropriations and Finance/Ways and Meansmust be reported out by the last of those committees on or before Friday,March 16, 2018, and filed with the Secretary/Clerk so they may be placed onthe Calendar for Notice the next legislative day.

Note: The Senate will not act on bills that do not meet these crossoverdeadlines, without the consent of the Senate Rules Committee.

Exceptions to the foregoing deadlines include the major money bills(Appropriations “Big Bill”, Transportation Spending Bill, CapitalConstruction Bill, and Fee Bill).

SenateCalendar - Vermont General Assembly THURSDAY,FEBRUARY08,2018 SENATECONVENESAT:1:00P.M....

Documents

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